A lien may be placed on all property, both real and personal, of an employer who has been assessed civil penalties by the commissioner for violations of the statutes on wages and hours. The lien shall be attached to all property and rights to property owned or subsequently acquired by the employer.
The commissioner of the Labor Department (or his designee) shall record the lien.
The lien shall show the date on which the notice of violation was issued.
The date of the violation..
The name and last known address of the employer against whom the assessment was made.
The amount of unpaid wages, penalties, and interest..
The lien shall be superior to the lien of any mortgage or encumbrance thereafter created and shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged.
Lien to be filed in the following offices
- The lien shall be filed in any of the following offices in which the employer owns property or rights to property.
- The office of the county clerk of the county in which the defendant employer resides.
- The office of the county clerk of the county in which the defendant employer has its principal place of business.
- The office of the county clerk of any county in which the defendant employer has property or an interest in property.
- Recording and indexing requirements are the same as State Tax Liens. See section on State Tax Liens.
The Commonwealth is the entity asserting the lien and the only entity that can release the lien.
Clerk fees: NONE All filing fees have been waived by statute KRS 337.075(2)
Lis pendens means a pending suit. The notice of lis pendens is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation and that they are in danger of being bound by adverse judgement.
The document must have the following information:
- The name of the person (s) or entity that has interest in the land the lien is being filed against. (KRS 382.440)
- The name of the person or entity bringing the action (KRS 382.440 & 382.335)
- A legal description of the land involved (KRS 382.440)
- The document must state the action number and the court in which the action is pending. (KRS 382.440)
- A preparation statement (KRS 382.335) (if court prepared may not have a preparation statement.
The clerk shall request a return mail address (KRS 382.240)
The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.
Indexing information: Lis pendens are filed in the encumbrance book and indexed in the encumbrance index per KRS 382.460. They are indexed under the names of each person whose interest in the property is affected. The first party is the person the lien is filed against. The second party is the person bringing the action.
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Email: [email protected]
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547